Created by Fuzzy Cloud

Patna High Court

Uday Raj UdayversusDr. Usha Vidyarthi

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed as there is no perversity in the appointment order and the matter remains pending before the Chancellor.

Summary

The dispute arose when Dr. Usha Vidyarthi challenged the appointment of Prof. In‑Charge Uday Raj at Mahila College, alleging that seniority rules were ignored. She filed a writ petition seeking to quash the appointment order and obtain a stay. The Single Judge ordered that the appointment order be kept in abeyance until the appeal before the Chancellor was decided. The appellant, Uday Raj, appealed this stay, contending it caused him prejudice and requesting early disposal of the appeal. The High Court examined whether the impugned order was perverse or unlawful and whether any delay justified intervention, concluding that there was no perversity and the matter was still pending before the Chancellor. Accordingly, the Court dismissed the letters‑patent appeal and ordered that any pending applications be disposed of.

Issues considered

  • Whether the appointment order violating seniority should be kept in abeyance pending the appeal before the Chancellor.
  • Whether the impugned appointment order exhibits perversity warranting interference by the Court.
  • Whether the appeal requires an order for early disposal.

Subjects

  • appointment
  • seniority
  • university administration
  • letters patent appeal
  • writ jurisdiction
  • abeyance
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.638 of 2025
                                         In
                   Civil Writ Jurisdiction Case No.9240 of 2025
     ======================================================
     Uday Raj Uday Son of Ramnath Sharma, resident of Village and Post-
     Amnara, P.S.- Amraha IIT, District- Patna, presently posted as Professor
     Incharge, Mahila College, Khagaul, Patna.

                                                                  ... ... Appellant/s
                                         Versus

1.   Dr. Usha Vidyarthi Wife of Umesh Kumar Vidyarthi, Resident of Defence
     Colony, 140, Near Tempoo Stand, Kankarbagh, P.S.- Kankarbagh, District-
     Patna - 800020.
2.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Govt. of Bihar, Patna.
3.   The Chancellor of Universities, Bihar, Raj Bhawan, Patna.
4.   The Additional Chief Secretary, Education Department, Govt. of Bihar,
     Patna.
5.   The Principal Secretary to Governor Cum Chancellor, Raj Bhawan, Patna.
6.   The Vice Chancellor, Patliputra University, Patna.
7.   The Registrar, Patliputra University, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :      Mr. Kinkar Kumar, Advocate
                                     Mr. Sunil Kumar Karn, Advocate
     For the Chancellor       :      Mr. Amish Kumar, Advocate
     For the State            :      Mr. AC to AAG -13
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 09-01-2026

                           The Letters Patent Appeal has been filed by the

      appellant Dr. Uday Raj Uday, who was the respondent no. 7 in

      the writ petition, challenging the order dated 12.06.2025 of the

      learned Single Judge passed in C.W.J.C. No. 9240 of 2025.
Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
                                             2/4




                            2. The Respondent No.1 Dr. Usha Vidyarthi filed

         the writ petition with the following prayer:

                                    I. For issuance of appropriate writ / orders
                                   / directions for quashing of the notification
                                   as contained therein the Memo No.
                                   R/PPU/858/25 dated 04.06.2025 whereby
                                   Shri Uday Raj Uday has been appointed as
                                   Prof.      In-Charge     in    Mahila   College,
                                   Khagaul in complete disregard of the
                                   seniority of the petitioner.
                                    II. For issuance of appropriate writ /
                                   orders / directions to stay the operation of
                                   the     Memo       No.   R/PPU/858/25     dated
                                   04.06.2025 during the pendency and till the
                                   disposal of instant application.
                                    III. For issuance of appropriate writ /
                                   orders / directions to Respondent to take
                                   action and pass a speaking order on the
                                   representation dated 09.06.2025 filed by the
                                   petitioner within a period of 3 weeks.
                                    IV. For any other consequential relief or
                                   reliefs to which the Petitioner is entitled in
                                   the facts and circumstances of the case
                                   during the course of hearing of the instant
                                   writ petition.”



                            3. The learned Single Judge after considering the

         submission made by the learned counsel for the Respondent No.
Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
                                             3/4




         1 Dr. Usha Vidyarthi and the learned counsel appearing for the

         Respondent Nos. 6 and 7 has been pleased to quote in paragraph

         no. 5 in its entirety as follows :

                                   “Considering the submissions made by
                                   learned counsel for the parties, I feel it
                                   expedient to request the learned Chancellor
                                   to dispose the appeal preferred by the
                                   petitioner, in accordance with law and as
                                   early as possible. It is pertinent to mention
                                   here that until the appeal is disposed by
                                   Hon’ble Chancellor, the impugned order
                                   dated 04.06.2025, annexed as Annexure-P/4
                                   to the writ application shall be kept in
                                   abeyance.”


                            4. The learned counsel for the appellant fairly

         submits that he has no objection for disposal of the appeal, as

         was directed by the learned Single Judge by the Hon’ble

         Chancellor, but he is aggrieved by the order passed by the

         learned Single Judge to keep the impugned order dated

         04.06.2025 in abeyance till the disposal of the appeal.

                            5. When we made a query to the learned counsel

         for the Chancellor regarding the status of the appeal, it is

         brought to our notice that the hearing has already commenced

         on 10.12.2025. The first hearing has been made and the matter

         is still sub-judice before the Hon’ble Chancellor. The relevant

         letter produced by the learned counsel for the Hon’ble
             Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
                                                          4/4




                      Chancellor is taken on record.

                                         6. Learned counsel for the appellant further

                      requests that necessary order be passed for early disposal of the

                      appeal. We find that there is no inordinate delay and the matter

                      is still under consideration. As such, no such order is required to

                      be passed in that connection.

                                         7. Since we find no perversity in the impugned

                      order and there is limited scope of interference by this Court in

                      this Letters Patent Appeal, the appeal stands dismissed.

                                         8. Pending application(s), if any, shall also stand

                      disposed of.


                                            (Sangam Kumar Sahoo, CJ)


                                                     (Sudhir Singh, J)

shailendra/-
AFR/NAFR
CAV DATE                NA
Uploading Date          15.01.2026
Transmission Date       NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.